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Government Surveillance

Memorandum on Human Rights Criteria for Cross-Border Demands

This memorandum supports the human rights criteria that CDT has articulated for cross-border demands for Internet users’ communications content.  CDT released those criteria on the eve of the European Commission’s scheduled release of the E-Evidence initiative.  They had been conveyed to the Commission in prior commentary by CDT and other civil society groups. This memorandum articulates legal support for these criteria that is drawn from decisions of the European Court of Human Rights (ECtHR), the Court of Justice of the European Union (CJEU) and from secondary sources as indicated.